O.P. Srivastava, J. - (1.) This is defendants second appeal against the judgment and decree dated 25.8.1988 passed by the 5th Additional District Judge, Bareilly whereby the first appeal of the defendant application was dismissed as not maintainable.
(2.) The plaintiff respondent was in the employment of the defendant-appellant Cantonment Board, Bareilly. Being aggrieved of an action of the defendant appellant Jhankar Singh Yadav filed a suit for permanent injunction restraining the defendant appellant from interfering in the working of the plaintiff respondents as Sanitary Inspector. The suit was contested. The trial Court after framing the issues arising out of the pleading of the parties and after considering the matter and evidence, decreed the suit.
(3.) The defendant appellant preferred the appeal before the District Judge, Bareilly, which was heard and decided by the learned 5th Additional District Judge. The appeal was dismissed on the ground that the same was not maintainable for the reason that the appeal was preferred without proper resolution of the Board. The learned first appellate Court did not go into other questions. It is against the said judgment and decree passed by the first appellate Court, the defendant-appellant has come up in second appeal before this Court.;